BB v DD; Re AA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1095

Supreme Court New South Wales

Medium Neutral Citation: BB v DD; Re AA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1095 Hearing dates: In chambers Date of orders: 06 August 2015 Decision date: 06 August 2015 Jurisdiction: Equity - Adoptions List Before: Robb J Decision: (1) Direct the parties to communicate with the associate to Robb J to fix a directions hearing date, within two weeks of receipt of these reasons of judgment.

(2) Order the applicants to serve these reasons of judgment on DD, within three days of their receipt.

(3) Direct the parties to inform DD of the future directions hearing date, such that she will have an opportunity to appear. Catchwords: FAMILY LAW AND CHILD WELFARE — surrogacy — application for parentage order under Surrogacy Act 2010 (NSW) in relation to child of a surrogacy arrangement entered into after the commencement of Act — application by de facto couple — Court may make parentage order upon compliance with preconditions provided by the Act and by UCPR Pt 56A — satisfaction of certain preconditions — relevant preconditions specified are mandatory — other non-mandatory preconditions may be waived if exceptional circumstances exist — many requirements of the Act have not been satisfied by applicants – applicants permitted to provide further evidence Legislation Cited: Adoption Act 2000 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Status of Children Act 1996 (NSW) Surrogacy Act 2010 (NSW) Surrogacy Regulation 2011 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AD v EF [2013] NSWSC 866 AP v RDP [2011] NSWSC 1389 Application of RM and ESM – Child X [2004] NSWSC 937; (2004) 62 NSWLR 465 C v B [2013] NSWSC 254 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 585 Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) NSWLR 705 The Application by JSC [2013] NSWSC 440 The Application of MM and KFC [2012] NSWSC 445 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Principal judgment Parties: BB and CC (plaintiffs) DD (defendant) Representation: Solicitors: Andrea Wilson & Associates (plaintiffs) File Number(s): 018/2015